Free Motion to Quash - District Court of Delaware - Delaware

Case 1:04-cv-00419-JJF

Document 110

Filed 10/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CATHY D. BROOKS-MCCOLLUM, et al. ) Plaintiff, ) ) v. ) ) STATE FARM INSURANCE COMPANY, ) ) Defendant. ) ) Civil Action No. 04-419 JJF

MOTION TO QUASH SUBPOENA 1. The plaintiff has issued a subpoena to State Farm to have it produce for purposes of

copying a transcript of the deposition of the plaintiff taken by defense counsel. (Exhibit A) 2. The plaintiff decided not to order a transcript of the deposition. The copy of the

deposition in the possession of the defendant was paid for by the defendant. 3. The defendant has previously advised the plaintiff of the name and address of the

court reporter where she can obtain a copy of the transcript. 4. FRCP, Rule 30(f)(2) states that upon payment of reasonable charges the court

reporter who took the deposition shall furnish a copy of the transcript to any party or to the deponent. The plaintiff is attempting to circumvent the Rule by not paying the court reporter the reasonable charge of obtaining the transcript. 5. The defendant's copy of the transcript is part of its work product and is privileged

communication. The defendant requests the court to quash the subpoena. If plaintiff wishes to obtain a copy of the transcript she can purchase it from the court reporter, Hawkins Reporting.

Case 1:04-cv-00419-JJF

Document 110

Filed 10/11/2007

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CASARINO, CHRISTMAN & SHALK, P.A /s/ Stephen P. Casarino STEPHEN P. CASARINO, ESQUIRE BAR I.D. NO. 174 800 North King Street, Suite 200 Wilmington, DE 19801 Attorney for Defendant

Case 1:04-cv-00419-JJF

Document 110

Filed 10/11/2007

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CERTIFICATE OF SERVICE I, Stephen P. Casarino, Esq., hereby certify that I have caused to be deposited in the mailbox at 800 North King Street, Suite 200, Wilmington, DE 19801, on this 11th day of October 2007, a true and correct copy of the attached Defendant's Motion to Quash to:

Cathy D. Brooks-McCollum 115 Emerald Ridge Drive Bear, DE 19701

CASARINO, CHRISTMAN & SHALK, P.A. /s/ Stephen P. Casarino Stephen P. Casarino, Esq. I.D. No. 174 800 N. King Street, Suite 200 P.O. Box 1276 Wilmington, DE 19899-1276 Attorney for the Defendant